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I received a ticket for cell phone use while driving a cmv. I did have the phone in my hand but was only plugging it in

Birmingham, AL |
Filed under: Employment

its a smart phone and I have proof there was no calls or texts during this period of time or within a hour of getting pulled over. I have no moving violations on my record in the past 11 years. what should I be expecting to face with this? is there anyway to fight it?

Attorney Answers 3


It is worth trying. You might want to try to meet with the prosecutor before the trial date to show your evidence. The fine you face is not severe but it just makes sense to try to explain instead of saying you are guilty of something you know you did not do.

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Testing while driving or using a cell phone while driving constitutes a "serious violation" under the Code of Federal Regulations. A second offense within 36 months will "disqualify" a driver from operating a commercial motor vehicle for 60 days. See, 49 C.F.R. 391.15: "(e) Disqualification for violation of prohibition of texting while driving a commercial motor vehicle— (1) General rule. A driver who is convicted of violating the prohibition of texting in §392.80(a) of this chapter is disqualified for the period of time specified in paragraph (e)(2) of this section. (2) Duration. Disqualification for violation of prohibition of texting while driving a commercial motor vehicle— (i) Second violation. A driver is disqualified for 60 days if the driver is convicted of two violations of §392.80(a) of this chapter in separate incidents during any 3-year period. (ii) Third or subsequent violation. A driver is disqualified for 120 days if the driver is convicted of three or more violations of §392.80(a) of this chapter in separate incidents during any 3-year period."

Therefore, you should make every effort to have qualified criminal defense lawyer represent you and avoid a conviction of this offense being placed on your MVR. In addition, under CSA 2010, your safety rating will suffer dramatically and you may be terminated by your employer as an undesirable safety risk.

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This question needs to be asked in the Criminal Law or Transportation Law practice areas. Unfortunately, telecommunications law attorneys are not equipped to answer your question responsibly (unless of course they also practice criminal and/or OTR Transportation Law). Best of luck to you.

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